Declaring human rights

The Declaration of the Rights of Man and of the Citizen is one of the first documents that explicitly declares universal rights. By the second half of the twentieth century, human rights have become a cornerstone of the legal order and political action. However, there are important differences between human rights in these two historical moments. The Declaration of the Rights of Man and of the Citizen was primarily a national set of rights for France. It first of all provided rights to French male citizens. When France conquered other parts of Europe at the end of the eighteenth and the beginning of the nineteenth century, its legal system was also imposed there. Later projects and declarations of human rights moved beyond that national primacy – notably the Universal Declaration of Human Rights (1948) provides rights regardless of national citizenship. Yet these universal rights at times fail to protect people. The philosopher Hannah Arendt for example pointed to groups of people without citizenship who could not enjoy these rights.

The Declaration of the Rights of Man and the Citizen (1789) is a short document drafted by the French general assembly. The assembly was a meeting that represented the citizens of France. It was formed in 1789 as a new institution in response to a major constitutional crisis in France. Due to severe financial and economic problems, the French king had convened the traditional popular representation, called the Estates-General. In Estates-General, the representatives of the nobility, the church and of the ‘third estate’ – the majority of the population – met as three separate groups. The third estate refused to meet separately. This led to the foundation of the general assembly. The rights that are listed in the declaration are a rupture with the political and legal system of France. For the first time, rights for men were not bound to particular social groups. All men who were citizens were now entitled to these rights. The Declaration asserts rights in various fields, including religion. The declaration protected various religious opinions, making way for equal rights for non-Catholics such as Jews and Protestants.

For more information on this and other peace treaties, see

Henning P. Jürgens, Patrick Pasture, Bram De Ridder, Christophe Schellekens, Naum Trajanovski. Reports on historical peace treaties and agreements. Retopea Deliverable 2.3. (November 2022).

Title

Declaring human rights

content

The Declaration of the Rights of Man and of the Citizen is one of the first documents that explicitly declares universal rights. By the second half of the twentieth century, human rights have become a cornerstone of the legal order and political action. However, there are important differences between human rights in these two historical momentsThe Declaration of the Rights of Man and of the Citizen was primarily a national set of rights for France. It first of all provided rights to French male citizens. When France conquered other parts of Europe at the end of the eighteenth and the beginning of the nineteenth century, its legal system was also imposed there.
Later projects and declarations of human rights moved beyond that national primacy – notably the Universal Declaration of Human Rights (1948) provides rights regardless of national citizenship. Yet these universal rights at times fail to protect people. The philosopher Hannah Arendt for example pointed to groups of people without citizenship who could not enjoy these rights.

Context

The Declaration of the Rights of Man and the Citizen (1789) is a short document drafted by the French general assembly. The assembly was a meeting that represented the citizens of France. It was formed in 1789 as a new institution in response to a major constitutional crisis in France. Due to severe financial and economic problems, the French king had convened the traditional popular representation, called the Estates-General. In Estates-General, the representatives of the nobility, the church and of the ‘third estate’ – the majority of the population – met as three separate groups. The third estate refused to meet separately. This led to the foundation of the general assembly. The rights that are listed in the declaration are a rupture with the political and legal system of France. For the first time, rights for men were not bound to particular social groups. All men who were citizens were now entitled to these rights. The Declaration asserts rights in various fields, including religion. The declaration protected various religious opinions, making way for equal rights for non-Catholics such as Jews and Protestants.

Questions

Which role should states and international organisations play in providing for and protecting the rights of religious people and of those with non-religious convictions?

Temporal Coverage

18th century

Spatial Coverage

Europe
France

Subject

Declaration of the rights of men

Is Referenced By

Declaration of the Rights of Man and the Citizen
Declaration of the Rights of Man and of the Citizen: French laïcité
Declaration of Rights: Burke and tolerance
Representation of the Declaration of the Rights of Man and of the Citizen
Jews in France
Notre Dame and the cult of reason
Declaration of the Rights of Man and the Citizen (1789): article 10: the right not to be disturbed for religious opinions
Olympe de Gouges and the rights of women
The French Revolution and the Church

transcript of

Lynn Hunt, Inventing Human Rights: A History, W.W: Norton, 2007

Creator

Christophe Schellekens

Collection

Ideas about toleration